LAKHAN SINGH vs SH. ASHWANI KUMAR AND ORS

Judgment text excerpt

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17th February, 2025 + CONT.CAS(C) 1899/2024 & CM APPL. 70000/2024 LAKHAN SINGH .....Petitioner Through: None. versus SH. ASHWANI KUMAR AND ORS .....Respondents Through: Mr. Virendra Singh, Advocate for Ms. Puja S. Kalra, Standing Counsel for MCD. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Nobody appears on behalf of the petitioner. It is noticed that on the last date also i.e., on 09.12.2024, there was no appearance from the side of the petitioner. 2. The petitioner is a mobile vendor and as per the Certificate of Vending (‘CoV’) granted to him, he is permitted to vend “Food/ Snack with gas cylinder/ fire” in South Zone, Ward-S-87. 3. While disposing of the above said writ petition, learned Division Bench had directed respondents not to obstruct or disturb the petitioner from carrying on his vending activities provided those were strictly in accordance with the terms and conditions of CoV. 4. Learned counsel for MCD submits that the CoV was for “mobile Signature Not Verified Digitally Signed CONT.CAS(C) 1899/2024 1 By:SONIA THAPLIYAL Signing Date:19.02.2025 12:32:54 purpose only” and, therefore, vendor is not permitted to vend at a particular spot for more than 30 minutes. It is informed that the petitioner was rather vending in front of premises of M/s Global Opportunities Investment Pvt. Ltd. situated at E-542-44 Greater Kailash Part-II, New Delhi. It is claimed that even otherwise, the petitioner cannot vend or squat in an area which is designated as no-hawking zone. 5. Learned counsel for MCD also brings it to the notice of the Court that the owner of the above said premises i.e., M/s Global Opportunities Investment Pvt. Ltd. already filed a writ petition, which was registered as W